Robert E. Hatfield v. Burlington Northern Railroad Company
Court of Appeals for the Tenth Circuit
1Opinion of the Court
JOHN P. MOORE, Circuit Judge.
I
This is an interlocutory appeal under 28 U.S.C. § 1292(b) from a decision denying Burlington Northern Railroad Company’s motion for partial summary judgment on the issue of whether Robert E. Hatfield’s common law negligence claim arising from a grade crossing collision is preempted by the Federal Railroad Safety Act. The district court held preemption had not occurred. Hatfield v. Burlington Northern R.R. Co., 757 F.Supp. 1198 (D.Kan.1991). We reach the opposite conclusion and reverse.
Plaintiff Hatfield filed a multi-claim complaint alleging the defendant…
2Cases cited17 opinions
- English v. General Electric Co.Supreme Court of the United States · 1990
- Osgood v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Tenth Circuit · 1988
- Mary Marshall, Individually and as Personal Representative v. Burlington Northern, Inc.Court of Appeals for the Ninth Circuit · 1983
- Mrs. Lizzie Beatrice Easterwood v. Csx Transportation, Inc.Court of Appeals for the Eleventh Circuit · 1991
- Barnson v. United StatesCourt of Appeals for the Tenth Circuit · 1987
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3Cited by26 opinions
- CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
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- In re Miamisburg Train Derailment LitigationOhio Supreme Court · 1994
- Aves Ex Rel. Aves v. ShahSupreme Court of Kansas · 1995
- Robert E. Hatfield v. Burlington Northern Railroad CompanyCourt of Appeals for the Tenth Circuit · 1993
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